General Terms and Conditions

Article 1 — Purpose and scope

These General Terms and Conditions (hereinafter "GTC") govern all contractual relations between KUBI Photobooth (hereinafter "the Provider"), with its registered office in Lausanne, and any natural or legal person (hereinafter "the Client") making a reservation for a photo booth rental service.

These GTC are established in accordance with Art. 1 et seq. and Art. 184 et seq. of the Swiss Code of Obligations (CO; SR 220). Any reservation implies the Client's unreserved acceptance of these GTC.

The Provider reserves the right to amend these GTC at any time. The applicable GTC are those in force on the date of reservation.

Article 2 — Services

The Provider offers photo booth rental services including, depending on the package selected:

• The provision of a KUBI-type photo booth;
• Delivery, installation, and dismantling of equipment at the event venue;
• The presence of an operator for the duration of the service;
• Unlimited photo printing for the duration of the service;
• Customisation of prints (frame, logo, text);
• The provision of accessories (props);
• Access to an online gallery of event photos.

The details of the services included in each package are specified in the quote provided to the Client and/or on the website kubibooth.ch.

Article 3 — Reservation and confirmation

3.1 Reservation request

The Client may submit a reservation request via the online form at kubibooth.ch, by email at [email protected], or by phone. The reservation request does not constitute a binding commitment.

3.2 Quote and confirmation

Following the request, the Provider shall prepare a detailed quote. The reservation becomes firm and final upon receipt by the Provider of:

• the quote signed by the Client;
• the payment of the deposit provided for in Article 4.2.

The reservation confirmation is sent to the Client by email. The contract is deemed concluded within the meaning of Art. 1 CO upon receipt of both elements.

Article 4 — Prices and payment terms

4.1 Prices

Service prices are stated in Swiss francs (CHF), net. The company is not liable for VAT (turnover below the legal threshold of CHF 100,000, art. 10 VAT Act); no VAT is added or charged.

The prices applicable are those in force on the date of the reservation confirmation. The Provider reserves the right to modify its prices at any time, without affecting reservations already confirmed.

4.2 Deposit

A deposit of 30% of the total service amount is required upon confirmation of the reservation. This deposit shall be deducted from the final balance.

4.3 Balance

The balance of the service is due no later than 7 days before the event date, unless otherwise agreed in writing between the parties.

4.4 Payment methods

Payment may be made by bank transfer, TWINT, or any other payment method accepted by the Provider and communicated to the Client.

4.5 Late payment

In the event of late payment, default interest of 5% per annum shall apply in accordance with Art. 104(1) CO, following a formal notice of default in accordance with Art. 102 CO.

Article 5 — Cancellation and refund

5.1 Cancellation by the Client

Any cancellation must be communicated in writing (email or letter). The following cancellation conditions apply:

5.2 Postponement

Rescheduling the event date is possible at no additional cost, subject to availability, if communicated at least 14 days before the original date. Only one reschedule is allowed per booking.

5.3 Cancellation by the Provider

In the event of inability to provide the service (force majeure, major technical failure), the Provider undertakes to fully refund all sums paid by the Client. No additional compensation shall be due, in accordance with Art. 119 CO.

Article 6 — Client obligations

The Client undertakes to:

• provide accurate information upon reservation (date, venue, times, number of guests);
• make available sufficient space for the installation of the photo booth (minimum 2 m x 2 m, ceiling height 2.20 m);
• ensure a nearby electrical supply (230V / 10A outlet, within 5 metres);
• ensure facilitated access to the event venue for the delivery and installation of equipment (lift, ramp, parking);
• notify any specific constraints relating to the venue (stairs, fragile flooring, time restrictions) no later than 14 days before the event;
• ensure that guests use the equipment in an appropriate and respectful manner.

In the event of non-compliance with these obligations resulting in the impossibility or difficulty of providing the service, the Provider shall not be held liable and no refund shall be due.

Article 7 — Provider obligations

The Provider undertakes to:

• provide equipment in good working order and conforming to the service description;
• ensure the installation and dismantling of the photo booth within the agreed timeframe;
• make available a qualified operator for the duration of the service (depending on the package selected);
• guarantee the quality of photographic prints;
• upload the photo gallery within 48 hours following the event;
• maintain the gallery online according to the chosen package: 30 days (Essential), 6 months (Premium) or permanently as long as the account remains active (Prestige), subject to any early deletion request.

Article 8 — Liability and insurance

8.1 Liability of the Provider

The Provider's liability is limited to the amount of the invoiced service. The Provider shall not be held liable for indirect or consequential damages (loss of profit, moral prejudice, loss of data), in accordance with Art. 97 et seq. CO.

8.2 Liability of the Client

The Client is liable for any damage caused to the Provider's equipment by the Client, their guests, or any third party present at the event, in accordance with Art. 41 et seq. CO (tortious liability).

8.3 Insurance

The Provider is covered by professional liability insurance. The Client is advised to take out their own event insurance to cover the risks associated with their event.

Article 9 — Image rights and intellectual property

Photos taken at the event are the property of the participants. The Provider claims no proprietary rights over the images produced.

Unless the Client objects in writing at the time of reservation, the Provider reserves the right to use certain photos from the event (without identifiable faces or with consent) for promotional purposes (website, social media, portfolio), in accordance with Art. 28 of the Swiss Civil Code (CC; SR 210) relating to the protection of personality rights.

Article 10 — Force majeure

Neither party shall be held liable for the non-performance or delayed performance of its contractual obligations in the event of force majeure within the meaning of Art. 119 CO.

The following shall be considered force majeure events: natural disasters, wars, terrorist attacks, epidemics or pandemics, governmental decisions, general strikes, power or telecommunication network failures, and any event that is unforeseeable, irresistible, and beyond the control of the parties.

The party invoking force majeure must inform the other party as soon as possible and propose an alternative solution (postponement, adapted service) or proceed with the full refund of all sums paid.

Article 11 — Data protection

The Provider collects and processes the Client's personal data in the context of the performance of the contract, in accordance with the Federal Act on Data Protection (FADP; SR 235.1) and, where applicable, the General Data Protection Regulation (GDPR; EU 2016/679).

For further information on the processing of personal data, the Client is invited to consult our Privacy Policy.

Article 12 — Complaints

Any complaint relating to the service must be addressed in writing to the Provider within 14 days following the date of the event, at the address [email protected].

The Provider undertakes to acknowledge receipt of the complaint within 5 business days and to provide a response within 30 days.

Article 13 — Applicable law and jurisdiction

These GTC are exclusively governed by Swiss law.

In the event of a dispute, the parties undertake to seek an amicable resolution before any legal proceedings. Failing amicable agreement within 30 days, any dispute shall be submitted to the exclusive jurisdiction of the ordinary courts of the Canton of Vaud, in Lausanne.

The mandatory provisions relating to consumer jurisdiction under the Swiss Code of Civil Procedure (CPC; SR 272, Art. 32) and, for consumers domiciled in the EU/EEA, under the Brussels I bis Regulation (EU 1215/2012), are reserved.

Article 14 — Final provisions

Should any clause of these GTC be declared void or unenforceable by a competent court, the remaining clauses shall retain their full force and effect, in accordance with the principle of contractual severability.

These GTC, the signed quote, and any subsequent amendments constitute the entire agreement between the parties with respect to its subject matter.